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State of Tamilnadu - Section

Section 2 in Tamil Nadu Town Panchayats (Establishment) Rules, 1988

2. Definitions.

- In these rules unless there is anything repugnant in the subject or context -
(1)Appointed to a service. - A person is said to be "appointed to a service" when in accordance with these rules, or in accordance with the rules applicable at the time, as the case may be, he discharges for the first time the duties of a post borne on the cadre of Town Panchayat Service or commences the probation, instruction or training prescribed for members thereof.Explanation. - The appointment of a person holding a post borne on the cadre of one service to hold additional charge of a post borne on the cadre of another service or to discharge the current duties thereof does not amount to appointment to the latter service;
(2)Approved candidate. - "Approved candidate" means candidate whose name appears in an authoritative list of candidates approved for appointment to any service, class or category;
(3)Approved Probationer. - "Approved probationer" in a service, class or category means a member of that, service, class or category who has satisfactorily completed his probation and awaits appointment as a full member of such service, class or category.
(4)Backward Classes. - "Backward Classes" means the communities mentioned in Schedule I to this part;Explanation. - Persons who belong to the State of Tamil Nadu and who belong to one of the communities mentioned in Schedule I alone shall be treated as Backward Classes and persons belonging to other States shall not be treated as Backward Classes in this State even though they may belong to one of the communities mentioned in Schedule I.
(5)Discharge of a Probationer. - "Discharge of a probationer" means in case the probationer is a full member or an proved probationer of another service/class or category reverting him to such service, class or category and in any other case dispensing with his services;
(6)Duty. - A person is said to be "on duty" as a member of service -
(a)"when he is performing the duties of a post borne on the cadre of such service or is undergoing the probation, instruction or training prescribed for such service;
(b)when he is on joining time; or
(c)when he is absent from duty during vacation or on authorised holidays or on casual leave taken in accordance with the instructions regulating such leave issued by the State Government having been on duty immediately before and immediately after such absence;
(d)when he has compulsorily to wait for orders of porting on return from leave".
(7)"Full member" of a service means a member of that service who has been appointed substantively to a permanent post borne on the cadre thereof:
(8)Member of a service. - "Member of a service" means a person who has been appointed to that service and who has not retired or resigned, been removed or dismissed, been substantively transferred or induced to another service, or been discharged otherwise than for want of a vacancy. He may be a probationer, an approved probationer or a full member of that service;
(9)Probationer. - "Probationer" in service means a member of that service who has not completed his probation;
(10)Promotion. - "Promotion" means the appointment of a member of any category or grade of the service or class of service to a higher category or grade of same service or class:
(11)Recruited Direct. - A candidate is said to be "recruited direct" to a service, class, category or post when, at the time of his first appointment, he is not in the service of the town panchayat:Provided that for the purposes of this definition a person shall be deemed to be not in the service of the town panchayat -
(a)if a period of five years has not elapsed since his first appointment to a service; or
(b)if he belongs to the Scheduled Castes, Scheduled Tribes or Backward Classes;
(12)Recruited by Transfer. - A candidate is said to be "recruited b.y transfer" to the service -
(a)if, at the time of his first appointment thereto, he is either a full member or an approved probationer in any other service, the rule for which prescribe a period of probation for member thereof; or
(b)in case at the time of his first appointment thereto, he is the holder of a post which has been included in another service but for which no probation has been prescribed, if he has put in that post satisfactory service for a total period of two years on duty within a continuous period of three years.
Explanation. - Where the rules provide for recruitment to that service or to any class or category thereof by transfer from any specified service, class or category, a candidate need not, for the purposes of such recruitment, be a full member or an approved probationer in the service, class or category so specified, provided he is a full member or an approved probationer in any other service, class or category;
(13)Scheduled Castes. - "Scheduled Castes" means the communities mentioned in Part A of Schedule II to this Part;Explanation. - No person who professes a religion different from Hinduism shall be deemed to be a member of a Scheduled Caste;
(14)"Scheduled Tribes" means the communities mentioned in Part B of Schedule II to this Part;
(15)Service. - "Service" means a group of persons classified as a separate service;Note. - Where the context so requires, "service" means the period during which a person holds a post or a lien on a post or is a member of a service as above defined.
(16)Town panchayats. - "Town panchayats" shall mean and include township.